Legal Question in Criminal Law in Texas

My husband has 3 months left on his probation in Texas and is deliquent on his fees. They are trying to revoke his transfer and want him to pay $2100 by this month or they will be filing a motion to revoke. What can happen?


Asked on 7/06/11, 9:35 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

What transfer? I cannot address this because it is unclear to what you are referring.

If he is on probation in Texas, then if they file a motion to revoke based on fees alone (not restitution - different story), and then your husband's lawyer raises the issue of inability to pay, then the state must prove that he could have paid but chose not to do so. While this is good, it is not everything because if he (or you as part of the community) have spent ANY money on anything other than necessities, then he can be revoked.

If the $ that is due is for restitution, then he could be revoked for failing to pay. However, the better way to handle that would be to extend his probation and allow him to continue paying. This is IF it is restitution. (Extending probation to make up fees would not make sense because more fees would accumlulate.)

If they file a motion to revoke, a warrant will issue and he will have to go to court and hire a lawyer to defend him. The ways to proceed are above.

If they revoke him, then he will be sentenced to incarceration - whether jail or prison - depending on the charge. If he is on deferred, he could get up to the maximum for the charge.

Frankly, if you guys can get a loan and pay off the $2100, this would be best. Otherwise, he is risking incarceration, as well as having to pay a lawyer and possibly a bond. Or, they might extend his probation which means more fees and more reporting and more opportunity to revoked.

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Answered on 7/06/11, 1:55 pm


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